An action by a woman claiming damages against the ESB after she fell and severely injured her back while walking at Blessington Lakes 14 years ago has been struck out at the High Court.
Alison McCurtin sued over her fall on the Lacken side of the ESB reservoir at Blessington on August 26th, 2003. She claimed the ground disappeared underneath her and she fell backwards some 15ft onto rocks below.
On the fourth day of the action on Thursday, Mr Justice Anthony Barr was told the case could be struck out.
Ms McCurtin (38), Orwell Park Green, Templeogue, Dublin, had claimed, owing to alleged negligence on the part of the ESB, she was caused to fall backwards to the shore below.
She alleged failure to have any adequate warning signs that the undercut shore banks were dangerous and to warn that walking close to the edges of the banks should be prohibited. She claimed the ESB allowed her to use the lake shore as a recreational walk when the allegedly undermined banks were a trap because they looked solid.
Negligence denied
The ESB denied liability and denied negligence. It pleaded Ms McCurtin failed to have any, or any adequate regard, for her own safety and failed to take any, or any adequate, precautions for her own safety.
The ESB also claimed she failed to heed signs which it said were close to the area of the incident.
The judge also struck out a separate case brought by Ms McCurtin over an unrelated road traffic incident on October 29th, 2004 at Newline Road, Co Wexford. The court had heard liability was admitted in that case, which was before the court for assessment of damages only.
Ms McCurtin had sued Bill Stafford, Wittyshill, Wellington Bridge, Co Wexford, as the driver of a car which ran into the back of a car in which she was a passenger. She claimed the incident exacerbated her injuries from the Blessington fall.